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Judgment
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20.05.2026 Heard Ld. Counsel for Appellant.
This Appeal has been filed against the order dated 17/11/2025 passed in I.A. 28/ND/2024. Adjudicating Authority in I.A. 28/ND/2024 passed following order :
ORDER
“Mr. S. Patra, Ld. Sr. Counsel on instruction from SRA and his briefing counsel Mr. Kunal G., fairly submitted that the SRA would have no difficulty in bringing in a revised plan, after taking into account such claim of homebuyers which could be duly verified by the Resolution Professional and found acceptable. While considering the revised plan to be submitted by SRA, the CoC will keep in view the judicial precedent on the subject. In view of the submission made by Ld. Sr. Counsel on instruction from SRA, IA-28/ND/2024 is disposed of, remitting the plan back to the CoC.”
Ld. Counsel for Appellant, who claims to be landowner on which Project has been constructed and also filed Applications before the Adjudicating Authority, is aggrieved by this order and has come up with this Appeal.
It is submitted that the Plan has been sent back only for adding the claims as noted in the order without considering the Plans of the other PRAs.
We have heard Ld. Counsels for Parties and perused the records. When we look into the impugned order, it is clear that Plan has been sent back for adding the claims of homebuyers, which could be duly verified by the Resolution Professional and found acceptable. The said is only opportunity to consider the claim of the homebuyer which can be verified.
We are of the view that the order of the Adjudicating Authority sending the Plan for SRA to submit a revised Plan cannot be said to have committed any error so as to warrant interference by this Tribunal in exercise of its Appellate jurisdiction. As per the order, there is no occasion for considering any other Plan or cases of other PRAs.
As far as, whether the Plan deserved to be approved or not, the question is not up at the moment and as and when the question arises, it is for the court to consider and decided in accordance with law.
2 of 3 With these observations, we dismiss the Appeal.
| [Justice Ashok Bhushan] Chairperson | |
| [Indevar Pandey] Member (Technical) | |
| Prerana/md |
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